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TMI Blog2015 (12) TMI 1856X X X X Extracts X X X X X X X X Extracts X X X X ..... tification under Section 3 of the University Grants Commission Act, 1956 (in short "the UGC Act"). Respondent No.1 is, therefore, subjected to ensuring compliance of all the provisions of UGC Act in its functioning. (b) The appellant is holding M.Sc. and P.hd. in applied Biology. She was appointed as a Lecturer in the Department of Bio-technology in the Faculty of Sciences and Humanity in the SRM University-respondent No.1. By order dated 05.05.2010, she was promoted as Senior Lecturer w.e.f. 01.04.2010. (c) On 14.02.2012, the appellant was served with a memo calling upon her to show cause as to why disciplinary action should not be taken against her for the alleged failure to take classes of the students of B.Sc. Third Year degree course and M.Sc. First Year degree course. The appellant submitted her replies on 15.02.2012 and 20.02.2012 denying the allegations and claiming that she took classes for both the courses. (d) Thereafter, another memo dated 22.02.2012 was issued by the Registrar in-charge of the University referring certain complaints given against her by the students. Refuting the charges, the appellant submitted her reply on 29.02.2012. (e) Dissatisfied with the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and also for submitting his written note on the conclusion of the case on our request. 7. Submissions of Mr. Harish Salve were many fold. According to him, while deciding the question as to whether the writ lies under Article 226 of the Constitution of India against any person, juristic body, organization, authority etc., the test is to examine in the first instance the object and purpose for which such body/authority/organization is formed so also the activity which it undertakes to fulfill the said object/purpose. 8. Pointing out from various well known English commentaries such as De Smith's Judicial Review, 7th Edition, H.W.R.Wade and C.F. Forsyth Administrative law, 10th Edition, Michael J. Beloff in his article Pitch, Pool, Rink, ......Court? Judicial Review in the Sporting World, 1989 Public Law 95, English decisions in Breen vs. A.E.U. (1971) 2 QB 175, R. vs. Panel on Take-overs and Mergers, ex parte Datafin Plc and another (Norton Opax Plc and another intervening) (1987) 1 All ER 564, E.S. Evans vs. Charles E. Newton 382 US 296 (1966) and of this Court in Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V.R. Rudani & O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese two factors, according to Mr. Harish Salve, would make respondent No. 1 amenable to writ jurisdiction of the High Court under Article 226 because it satisfies the twin test laid down for attracting the rigor of writ jurisdiction of the High Court. 13. In reply, Mr. Sanjay R. Hegde, learned senior counsel for respondent No. 1 while supporting the impugned order contended that if this Court holds that respondent No. 1 is amenable to writ jurisdiction then apart from employees even those who are otherwise dealing with respondent No. 1 would start invoking writ jurisdiction which, according to learned counsel, would open the flood gate of litigation in courts. 14. Having heard learned counsel for the parties and on perusal of the record of the case, we find force in the submissions urged by Mr. Harish Salve. 15. To examine the question urged, it is apposite to take note of what De Smith, a well-known treaty, on the subject "Judicial Review" has said on this question [See De Smith's Judicial Review, 7th Edition, page 127 (3-027) and page 135 (3-038)]. "AMENABILITY TEST BASED ON THE SOURCE OF POWER The courts have adopted two complementary approaches to determining whether a fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the duty imposed on a body, whether expressly or by implication, was a public duty and the body was exercising public law functions the court had jurisdiction to entertain an application for judicial review of that body's decisions......." 17. In Andi Mukta's case (supra), the question before this Court arose as to whether mandamus can be issued at the instance of an employee (teacher) against a Trust registered under Bombay Public Trust Act, 1950 which was running an educational institution (college). The main legal objection of the Trust while opposing the writ petition of their employee was that since the Trust is not a statutory body and hence it cannot be subjected to the writ jurisdiction of the High Court. The High Court accepted the writ petition and issued mandamus directing the Trust to make payments towards the employee's claims of salary, provident fund and other dues. The Trust (Management) appealed to this Court. 18. This Court examined the legal issue in detail. Justice K. Jagannatha Shetty speaking for the Bench agreed with the view taken by the High Court and held as under: "11. Two questions, however, remain for consideration: (i) The liability of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aided institutions like government institutions discharge public function by way of imparting education to students. They are subject to the rules and regulations of the affiliating University. Their activities are closely supervised by the University authorities. Employment in such institutions, therefore, is not devoid of any public character.3 So are the service conditions of the academic staff. When the University takes a decision regarding their pay scales, it will be binding on the management. The service conditions of the academic staff are, therefore, not purely of a private character. It has super-added protection by University decisions creating a legal right-duty relationship between the staff and the management. When there is existence of this relationship, mandamus cannot be refused to the aggrieved party. 20. The term "authority" used in Article 226, in the context, must receive a liberal meaning unlike the term in Article 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Article 32. Article 226 confers power on the High Courts to issue writs for enforcement of the fundamental rights as well as nonfundamental rights. The wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is clear from reading of the ratio decidendi of judgment in Zee Telefilms Ltd. (supra) that firstly, it is held therein that the BCCI discharges public duties and secondly, an aggrieved party can, for this reason, seek a public law remedy against the BCCI under Article 226 of the Constitution of India. 21. Applying the aforesaid principle of law to the facts of the case in hand, we are of the considered view that the Division Bench of the High Court erred in holding that respondent No. 1 is not subjected to the writ jurisdiction of the High Court under Article 226 of the Constitution. In other words, it should have been held that respondent No.1 is subjected to the writ jurisdiction of the High Court under Article 226 of the Constitution. 22. This we say for the reasons that firstly, respondent No. 1 is engaged in imparting education in higher studies to students at large. Secondly, it is discharging "public function" by way of imparting education. Thirdly, it is notified as a "Deemed University" by the Central Government under Section 3 of the UGC Act. Fourthly, being a "Deemed University", all the provisions of the UGC Act are made applicable to respondent No. 1, which inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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